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Case Details

Case Details
National ID 4 Ob 117/14f
Member State Austria
Common Name 4 Ob 117/14f
Decision type Supreme court decision
Decision date 17/07/2014
Court Supreme Court
Plaintiff Verein für Konsumenteninformation (Consumer Information Association)
Defendant Unknown
Keywords terms and conditions, unfair terms

Unfair Contract Terms Directive, link

(1) 'General terms and conditions' are defined as pre-drafted contractual terms for a large variety of contracts which are used to conclude a contract by one of the parties, irrespective whether they are a separate part of the contract or included in the contract itself.
(2) A 'contractual form' is comparable to general terms and conditions, but it is also given if it only refers to parts of the contract or specific contractual clauses.
(3) A notice on the change to electronic invoices is considered to be general terms and conditions or at least a contractual form.
The defendant intended to change their billing arrangements to electronic invoices and therefore sent out notices to customers.
The plaintiff requested the Court to qualify this notice as general terms and conditions or contractual forms.
The court decided that the notice on the unilateral change of invoice proceedings is indeed comparable to general terms and conditions because a clause about invoices was also included in the defendant's general terms and conditions.
(1) How is the term 'general terms and conditions' defined?
(2) How is the term 'contractual forms' defined?
(3) May a notice on the change to electronic invoices be considered as general terms and conditions and/or a contractual form?
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The Court dismissed the appeal.